O'Leary v. Board of Education
New York Court of Common Pleas
Appeal from a judgiúent of -this court entered on the report of a referee. The action was brought to recover the salary of the plaintiff as a clerk employed by the defendant. The facts are stated in the opinion. Upon trial before a referee he found for the defendant, and judgment for the defendant was entered on his report. From the judgment the plaintiff appealed.
1Opinion of the CourtVan Hoesen, J.
plaintiff alleged in his complaint that in June, 1869, he was appointed and employed as a clerk in the office of the Board of Education, at a salary of two thousand dollars a year, and that he entered upon and discharged his duties up to September 26,1871, and he demanded judgment for his salary for the months of May, June. July and August, and for the first twenty-six days of September of the year last named.
The answer alleged that prior to May 1, 1871, the plaintiff forsook his employment, and thereafter performed no service as clerk for the defendant.
The referee—the cause having been…
2Cases cited4 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Fenton v. ClarkSupreme Court of Vermont · 1839
- Ryan v. DaytonSupreme Court of Connecticut · 1856
- Hubbard v. BeldenSupreme Court of Vermont · 1855
3Cited by1 opinion
- Lajos v. Eden Musee American Co.New York Court of Common Pleas · 1894